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General Landlording & Rental Properties

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Bhaskar Pandey
  • San Antonio, TX
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Mtg Due-on-Sale? - Any strategies for moving rentals in to LLC?

Bhaskar Pandey
  • San Antonio, TX
Posted Jul 12 2018, 15:17

I own two SF rentals in San Antonio, Texas and before I buy a third one, as per the popular suggestion, I wanted to move both homes in to an LLC for asset protection and minimizing personal liability. However, as I started researching the process, I came across the terms 'due-on-sale' in this blog post (https://www.legalzoom.com/articles/how-do-i-transfer-title-of-a-property-from-a-person-to-an-llc) which I understood as the remainder of loan would be due in full if I attempted to transfer the deed over to the LLC. What I've read so far is that not many (or none of the) lenders would be willing to let me transfer the deed over to the LLC without calling it due. I'd like to hear from you successful RE investors who have been able to do this and find out what my options are?

So far, I've come up with the following as my options:

1. Continue to keep the properties in my name and get a large umbrella policy (dwelling policy) to cover any liability that I may be subjected to.

2. Refinance as a commercial loan (higher interest rate, larger payments, points etc.) - more expensive overall.

3. Land Trust with myself as trustee and LLC as beneficiary (http://clintcoonsblog.com/2011/01/26/transferring-real-estate-into-your-llc/).

Can anyone having done this before provide their experience?

Thanks!

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